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Settlement reached in wrongful arrest case

By TRAVIS WEIK - tweik@thecouriertimes.com

A federal case against Henry County officials is coming to a close without going before a jury.

Muncie resident Amber L. Dellinger was arrested Oct. 26, 2015, following a Henry County Area Drug Task Force investigation in New Castle in April 2013 involving a different “Amber Dellinger.”

After county officials realized they had the wrong woman in custody, they released Dellinger and dismissed the drug charges against her.

“The wrong person was arrested and the state intends to refile the case against the correct person,” Henry County Prosecutor Joe Bergacs said at the time.

Dellinger filed a lawsuit in October, 2017, against Henry County Sheriff Ric McCorkle and the Henry County Commissioners for “false arrest, false imprisonment, abuse of process, malicious prosecution, intentional infliction of emotional distress, negligence, defamation and violation of her civil rights.”

The county officials asked that the case move to federal court since it involved potential violations of Dellinger’s Constitutional rights.

Dellinger and a representative of the Henry County defendants, along with their respective attorneys, appeared for a settlement conference Sept. 28 with United States Magistrate Judge Debra McVicker Lynch.

By the end of the meeting, Dellinger and Henry County officials agreed on settlement terms for an undisclosed amount of money.

According to federal court documents, all pending motions in the case are now denied as moot and all court dates are officially vacated.

Judge Lynch said Dellinger’s attorneys have 30 days to file a motion to dismiss the case.